(a) Initiation of a Construction Project.      
        (1) The Using Agency is responsible for initiating a construction project. The Using Agency may commence the process by submitting a request to initiate work on the Project on its letterhead or any other method that the Commission deems acceptable. The Using Agency shall include their statutory authority in their request; and       
        (2) Projects should be initiated not later than January 1 of even-numbered years. This is required for a contract award to be made within the fiscal year for which appropriated Project funds are available.       
      (b) If a proposed contingency expenditure is required for the Project and the Commission refuses to concur with the request, the Using Agency may appeal to the Commission's Executive Director. The appeal shall be articulated in a letter to the Executive Director on the Using Agency's letterhead, including a description of the proposed expenditure, reason for the necessity of the change, and the Using Agency's justification for requesting the change. The Commission's Executive Director shall make the final decision concerning the acceptance of the contingency expenditure.     
     Source Note:        The provisions of this §123.25 adopted to be effective March 18, 2002, 27 TexReg 2005; amended to be effective March 14, 2004, 29 TexReg 2623; amended to be effective November 15, 2011, 36 TexReg 7658; amended to be effective March 9, 2017, 42 TexReg 1011